Fetal rights from Islamic and contemporary legal perspectives: a scoping review
摘要
The absence of a comprehensive legal framework regarding fetal rights may lead to negative consequences, including an increase in intentional abortions, unnecessary medical interventions in childbirth, and neglect of fetal health. This study aims to identify fetal rights in Iran and globally in order to contribute to the development of a national fetal rights charter.
MethodsThis scoping review was conducted based on Arksey and O’Malley’s five-stage framework. A systematic search was performed in domestic and international databases, including IranMedex, Scopus, PubMed, and Google Scholar, using relevant keywords. After screening, 24 studies were selected for final analysis. Data were analyzed with MAXQDA software, applying Braun and Clarke’s thematic analysis.
FindingsA total of 59 fetal rights were identified and categorized into three domains: medical, ethical, and economic. Medical rights included the right to life, health, growth, nutrition, and protection from external harm. Ethical rights encompassed dignity, identity, respect, and the balance between maternal and fetal rights. Economic rights included inheritance and maintenance.
ConclusionThis scoping review identified 59 fetal rights across medical, ethical, and economic domains. Respecting these rights is essential to reduce unnecessary medical interventions and protect both fetal and maternal health. Developing a comprehensive fetal rights charter in Iran could harmonize legal, medical, and ethical perspectives and strengthen maternal and child healthcare policies.